Re: We followed your advice, now we need to - Posted by Jim IL
Posted by Jim IL on June 23, 2001 at 15:44:01:
Okay, so you have the funds from the insurance company for the roof already right?
when you goto court, the tenant may state that he has the rent, but has not paid because the roof is not repaired.
Simple, you’ve already told the tenant the roof will be repaired, so get it done. You need to do this anyway, no matter what happens with him.
You can tell him, "No, we do not hire tenants for our repairs, we have others we use."
When you get to court, it may help to have an appointment set, and something in writing showing that the roof is “Scheduled” for repair. (or started already if it is.)
This should help.
And, if the tenant was served a 3 day and did not pay in time, then you do not have to accept his rent any longer. (check your state laws to verify this of course.)
Since the July rent will be due soon, you may be able to add this to the claim against the tenant in court, they call this an amendment in my state.
After getting burned a few times for being a nice landlord, and according to my new wife, “Soft on the tenants”, I nom longer tolerate any late pays, or lease violations. If I were in your shoes, I’d just get him out and find a new better tenant. It is summer, so this should not be a problem.
Good luck, and let us know how it goes,
If it is before, just go for an order to vacate the home, and take possession back. IF the judge gives the guy some time to move, ask about the rent for the time he is there, this may be added to the judgement.